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Kashmir conflict
From Wikipedia, the free encyclopedia
Kashmir Conflict
Date
Kashmir
Ongoing
Indo-Pakistani War of 1947
Indo-Pakistani War of 1965
Insurgency in Jammu and
Kashmir
Kargil War 1999
IndiaPakistan border skirmishes
Belligerents
Pakistan
India
Pakistan
Rangers
Indian
Army
All Parties
Hurriyat
Conference
Jammu
Kashmir
Liberation
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Front
HarkatBorder
ul-Jihad
Security al-Islami
Force
Lashkare-Taiba
JaishCentral
e-Mohammed
Reserve
Hizbul
Police
Mujahideen
HarkatForce
ul-Mujahideen
Al-Badr
Research Supported by:
and
Pakistan[1]
Analysis
Pakistan
Army
InterServices
Intelligence
Wing
Pranab
Mukherjee
General
Dalbir Singh
Suhag
General
Pranav Movva
Lt. Gen. P
C Bhardwaj
Air Chief
Marshal Arup
Raha
Pranay
Sahay
Amanullah
Khan
Hafiz
Muhammad
Saeed
Maulana
Masood Azhar
Sayeed
Salahudeen
Fazlur
Rehman Khalil
Farooq
Kashmiri
Arfeen
Bhai (until
1998)
Bakht
Zameen
Contents
1 Timeline
1.1 Early history
1.2 Partition and invasion
1.3 Accession
1.4 Indo-Pakistani War of 1947
1.5 UN mediation
1.6 1950s
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Timeline
Early history
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According to the mid-12th century text Rajatarangini the Kashmir Valley was formerly a lake. Hindu mythology
relates that the lake was drained by the sage Kashyapa, by cutting a gap in the hills at Baramulla (Varaha-mula),
and invited Brahmans to settle there. This remains the local tradition and Kashyapa is connected with the
draining of the lake in traditional histories. The chief town or collection of dwellings in the valley is called
Kashyapa-pura, which has been identified as Kaspapyros in Hecataeus (Apud Stephanus of Byzantium) and the
Kaspatyros of Herodotus (3.102, 4.44).[30] Kashmir is also believed to be the country indicated by Ptolemy's
Kaspeiria.[31]
The Pashtun Durrani Empire ruled Kashmir in the 18th century until its 1819 conquest by the Sikh ruler Ranjit
Singh. The Raja of Jammu Gulab Singh, who was a vassal of the Sikh Empire and an influential noble in the Sikh
court, sent expeditions to various border kingdoms and ended up encircling Kashmir by 1840. Following the First
Anglo-Sikh War (18451846), Kashmir was ceded under the Treaty of Lahore to the East India Company, which
transferred it to Gulab Singh through the Treaty of Amritsar, in return for the payment of indemnity owed by the
Sikh empire. Gulab Singh took the title of the Maharaja of Jammu and Kashmir. From then until the 1947
Partition of India, Kashmir was ruled by the Maharajas of the princely state of Kashmir and Jammu. According
to the 1941 census, the state's population was 77 percent Muslim, 20 percent Hindu and 3 percent others (Sikhs
and Buddhists).[32] Despite its Muslim majority, the princely rule was an overwhelmingly Hindu state.[33]
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Kashmir" ordered the massacre of Muslims in the Jammu division with political motivations to ethnically cleanse
the Muslim population and to ensure a non-Muslim majority in the Jammu region of the state.[42][43]
The violence in the eastern districts of Jammu that started in September, developed into a widespread `massacre'
of Muslims around 20 October, organised by the Hindu Dogra troops of the State and perpetrated by the local
Hindus, including members of the Rashtriya Swayamsevak Sangh, and the Hindus and Sikhs displaced from the
neighbouring areas of West Pakistan. The Maharaja himself was implicated in some instances. A team of British
observers commissioned by India and Pakistan identified 70,000 Muslims killed, whereas the Azad Kashmir
Government claimed that 200,000 Muslims were killed. About 400,000 Muslims fled to West Pakistan, some of
whom made their way to the western districts of Poonch and Mirpur, which were undergoing rebellion. Many of
these Muslims believed that the Maharaja ordered the killings in Jammu. According to Christopher Snedden,
these Jammu Muslims joined the uprising in Poonch and the western districts, and instigated the formation of the
Azad Kashmir government.[44]
The rebel forces in the western districts of Jammu organized under the leadership of Sardar Ibrahim, a Muslim
Conference leader. They took control of most of the western parts of the State by 22 October. On 24 October,
they formed a provisional Azad Kashmir (free Kashmir) government based in Palandri.[45]
Accession
Justice Mehr Chand Mahajan, the Maharaja's nominee for his next prime
minister, visited Nehru and Patel in Delhi on 19 September, requesting
essential supplies which had been blockaded by Pakistan since the
beginning of September. He communicated the Maharaja's willingness to
accede to India. Nehru, however, demanded that the jailed political
leader, Sheikh Abdullah, be released from prison and involved in the
state government. Only then would he allow the state to accede.[46][47]
The Maharaja released Sheikh Abdullah on 29 September.[37] Before any
further reforms were implemented, the Pakistani tribal invasion brought
the matters to a head.
Maharaja's troops, heavily outnumbered and outgunned, had no chance
of withstanding the attack. The Maharaja made an urgent plea to Delhi
for military assistance. Upon the Governor General Lord Mountbatten's
insistence, India required the Maharaja to accede before it could send
troops. Accordingly, the Maharaja signed an instrument of accession on
26 October 1947, which was accepted by the Governor General the next
day.[48][49][50] While the Government of India accepted the accession, it
The Instrument of Accession of
added the proviso that it would be submitted to a "reference to the
Kashmir to India was accepted by the
people" after the state is cleared of the invaders, since "only the people,
Governor General of India, Lord
not the Maharaja, could decide where Kashmiris wanted to live." It was a
Mountbatten.
provisional accession.[51][52][note 1] National Conference, the largest
political party in the State and headed by Sheikh Abdullah, endorsed the
accession. In the words of the National Conference leader Syed Mir Qasim, India had the "legal" as well as
"moral" justification to send in the army through the Maharaja's accession and the people's support of it.[53][note 2]
The Indian troops, which were air lifted in the early hours of 27 October, secured the Srinagar airport. The city
of Srinagar was being patrolled by the National Conference volunteers with Hindus and Sikhs moving about
freely among Muslims, an "incredible sight" to visiting journalists. The National Conference also worked with the
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UN mediation
India sought resolution of the issue at the UN Security Council, despite Sheikh Abdullah's opposition to it.[note 5]
Following the set-up of the United Nations Commission for India and Pakistan (UNCIP), the UN Security
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Council passed Resolution 47 on 21 April 1948. The measure called for an immediate cease-fire and called on
the Government of Pakistan 'to secure the withdrawal from the state of Jammu and Kashmir of tribesmen and
Pakistani nationals not normally resident therein who have entered the state for the purpose of fighting.' It also
asked Government of India to reduce its forces to minimum strength, after which the circumstances for holding a
plebiscite should be put into effect 'on the question of Accession of the state to India or Pakistan.' However, it
was not until 1 January 1949 that the ceasefire could be put into effect, signed by General Douglas Gracey on
behalf of Pakistan and General Roy Bucher on behalf of India.[63] However, both India and Pakistan failed to
arrive at a truce agreement due to differences over interpretation of the procedure for and the extent of
demilitarisation. One sticking point was whether the Azad Kashmiri army was to be disbanded during the truce
stage or at the plebiscite stage.[64]
The UNCIP made three visits to the subcontinent between 1948 and 1949, trying to find a solution agreeable to
both India and Pakistan.[65] It reported to the Security Council in August 1948 that "the presence of troops of
Pakistan" inside Kashmir represented a "material change" in the situation. A two-part process was proposed for
the withdrawal of forces. In the first part, Pakistan was to withdraw its forces as well as other Pakistani nationals
from the state. In the second part, "when the Commission shall have notified the Government of India" that
Pakistani withdrawal has been completed, India was to withdraw the bulk of its forces. After both the
withdrawals were completed, a plebiscite would be held.[66] The resolution was accepted by India but effectively
rejected by Pakistan.[note 6]
The Indian government considered itself to be under legal possession of Jammu and Kashmir by virtue of the
accession of the state. The assistance given by Pakistan to the rebel forces and the Pakhtoon tribes was held to
be a hostile act and the further involvement of the Pakistan army was taken to be an invasion of Indian territory.
From the Indian perspective, the plebiscite was meant to confirm the accession, which was in all respects already
complete, and Pakistan could not aspire to an equal footing with India in the contest.[67]
The Pakistan government held that the state of Jammu and Kashmir had executed a Standstill Agreement with
Pakistan which precluded it from entering into agreements with other countries. It also held that the Maharaja
had no authority left to execute accession because his people had revolted and he had to flee the capital. It
believed that the Azad Kashmir movement as well as the tribal incursions were indigenous and spontaneous, and
Pakistan's assistance to them was not open to criticism.[68]
In short, India required an asymmetric treatment of the two countries in the withdrawal arrangements, regarding
Pakistan as an `aggressor', whereas Pakistan insisted on parity. The UN mediators tended towards parity, which
was not to India's satisfaction.[69] In the end, no withdrawal was ever carried out, India insisting that Pakistan
had to withdraw first, and Pakistan contending that there was no guarantee that India would withdraw
afterwards.[70] No agreement could be reached between the two countries on the process of
demilitarisation.[note 7]
Scholars have commented that the failure of the Security Council efforts of mediation owed to the fact that the
Council regarded the issue as a purely political dispute without investigating its legal underpinnings.[note 8]
Declassified British papers indicate that Britain and US had let their Cold War calculations influence their policy
in the UN, disregarding the merits of the case.[note 9]
1950s
During the 1950s, Indian Prime Minister Jawaharlal Nehru held talks with Pakistan's Prime Minister Muhammad
Ali Bogra to sort out the plebiscite issue in Kashmir . The discussions between the two suggest that Nehru had
even agreed to appoint a Plebiscite Administrator by April 1954. However, Pakistan then joined the CENTO
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alliance and India used this as a reason to reject the plebiscite and to cancel the talks. According to Nehru,
Pakistan's entry into the CENTO alliance was an expression of Pakistan's insincerity in resolving the issue.
However, in May 1955 Nehru held talks with Muhammad Ali Bogra during which he underlined his willingness
to solve the Kashmir issue on the basis of a Partition of the state along the cease fire line. Nehru's cable to
Krishna Menon in 1957 suggests that he favoured a 'readjustment' of the ceasefire line on strategic and
geographic grounds. From the 1950s, India became lukewarm to the idea of a plebiscite and instead adopted the
view that the Constituent Assembly of Jammu and Kashmir, which was elected in 1951, had ratified the state's
accession to India therefore it was unnecessary to further determine the wishes of the Kashmiri people.[71]
Sino-Indian War
In 1962, troops from the People's Republic of China and India clashed in territory claimed by both. China won a
swift victory in the war, resulting in Chinese annexation of the region they call Aksai Chin and which has
continued since then. Another smaller area, the Trans-Karakoram, was demarcated as the Line of Control (LOC)
between China and Pakistan, although some of the territory on the Chinese side is claimed by India to be part of
Kashmir. The line that separates India from China in this region is known as the "Line of Actual Control".[72]
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Pakistan, allowed both countries to settle all issues by peaceful means through mutual discussion within the
framework of the UN Charter.
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Kashmir of exploiting an Armed Forces (Special Powers) Act that enables them to "hold prisoners without trial".
The group argues that the law, which allows security forces to detain individuals for up to two years without
presenting charges violates prisoners' human rights.[88][89] In 2011, the state humans right commission said it had
evidence that 2,156 bodies had been buried in 40 graves over the last 20 years.[89] The authorities deny such
accusations. The security forces say the unidentified dead are militants who may have originally come from
outside India. They also say that many of the missing people have crossed into Pakistan-administered Kashmir to
engage in militancy.[89] However, according to the state human rights commission, among the identified bodies
574 were those of "disappeared locals", and according to Amnesty International's annual human rights report
(2012) it was sufficient for "belying the security forces' claim that they were militants".[90]
India claims these insurgents are Islamic terrorist groups from Pakistan-administered Kashmir and Afghanistan,
fighting to make Jammu and Kashmir a part of Pakistan.[89][91] They claim Pakistan supplies munitions to the
terrorists and trains them in Pakistan. India states that the terrorists have killed many citizens in Kashmir and
committed human rights violations whilst denying that their own armed forces are responsible for human rights
abuses. On a visit to Pakistan in 2006, former Chief Minister of Kashmir Omar Abdullah remarked that foreign
militants were engaged in reckless killings and mayhem in the name of religion.[92] The Indian government has
said militancy is now on the decline.[13]
The Pakistani government calls these insurgents "Kashmiri freedom fighters", and claims that it provides them
only moral and diplomatic support, although India[93] believes they are Pakistan-supported terrorists from
Pakistan Administered Kashmir. In October 2008, President Asif Ali Zardari of Pakistan called the Kashmir
separatists "terrorists" in an interview with The Wall Street Journal.[94] These comments sparked outrage
amongst many Kashmiris, some of whom defied a curfew imposed by the Indian army to burn him in effigy.[95]
In 2008, pro-separatist leader Mirwaiz Umar Farooq told the Washington Post that there has been a "purely
indigenous, purely Kashmiri"[12] peaceful protest movement alongside the insurgency in Indian-administered
Kashmir since 1989. The movement was created for the same reason as the insurgency and began after the
disputed election of 1987. According to the United Nations, the Kashmiris have grievances with the Indian
government, specifically the Indian Military, which has committed human rights violations, .[12][13][96]
Location of conflict.
Fears of the Kargil War turning into a nuclear war provoked the then-United States President Bill Clinton to
pressure Pakistan to retreat. The Pakistan Army withdrew their remaining troops from the area, ending the
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conflict. India regained control of the Kargil peaks, which they now patrol and monitor all year long.
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Administered by
India
Pakistan
China
https://en.wikipedia.org/wiki/Kashmir_conflict
Area
Population
% Muslim
% Hindu
% Buddhist
% Other
95%
4%
Jammu
~3 million
30%
66%
4%
Ladakh
~0.25 million
46%
50%
3%
Gilgit-Baltistan ~1 million
99%
100%
Aksai Chin
Two-thirds of the former princely state of Jammu and Kashmir, comprising Jammu, the Kashmir Valley, and the
sparsely populated Buddhist area of Ladakh are controlled by India while one-third is administered by Pakistan.
The latter includes a narrow strip of land called Azad Kashmir and the Northern Areas, comprising the Gilgit
Agency, Baltistan, and the former kingdoms of Hunza and Nagar. Attempts to resolve the dispute through
political discussions have been unsuccessful. In September 1965, war again broke out between Pakistan and
India. The United Nations called for another cease-fire, and peace was restored following the Tashkent
Declaration in 1966, by which both nations returned to their original positions along the demarcated line. After
the 1971 war and the creation of independent Bangladesh under the terms of the 1972 Simla Agreement between
Prime Minister Indira Gandhi of India and Zulfiqar Ali Bhutto of Pakistan, it was agreed that neither country
would seek to alter the cease-fire line in Kashmir, which was renamed as the Line of Control, "unilaterally,
irrespective of mutual differences and legal interpretations".
Numerous violations of the Line of Control have occurred, including incursions by insurgents and Pakistani
armed forces at Kargil leading to the Kargil war. There have also been sporadic clashes on the Siachen Glacier,
where the Line of Control is not demarcated and both countries maintain forces at altitudes rising to 20,000 ft
(6,100 m), with the Indian forces serving at higher altitudes.
Indian view
India has officially stated that it believes that Kashmir to be an integral part of India, though the then Prime
Minister of India, Manmohan Singh, stated after the 2010 Kashmir Unrest that his government was willing to
grant autonomy to the region within the purview of Indian constitution if there was consensus on this issue.[120]
The Indian viewpoint is succinctly summarised by Ministry of External affairs, Government of India[121][122]
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India points out reports by human rights organisations condemning Pakistan for the lack of civic liberties
in Pakistan-administered Kashmir.[139][144] According to India, most regions of Pakistani Kashmir,
especially Northern Areas, continue to suffer from lack of political recognition, economic development,
and basic fundamental rights.[145]
Karan Singh, the son of the last ruler of the princely state of Kashmir and Jammu, has said that the
Instrument of Accession signed by his father was the same as signed by other states. He opined that
Kashmir was therefore a part of India, and that its special status granted by Article 370 of the Indian
Constitution stemmed from the fact that it had its own constitution.[146]
In 2008, the death toll from the last 20 years was estimated by Indian authorities to be over 47,000.[147]
Pakistani view
Pakistan maintains that Kashmir is the "jugular vein of Pakistan"[148] and
a currently disputed territory whose final status must be determined by
the people of Kashmir. Pakistan's claims to the disputed region are based
on the rejection of Indian claims to Kashmir, namely the Instrument of
Accession. Pakistan insists that the Maharaja was not a popular leader,
and was regarded as a tyrant by most Kashmiris. Pakistan maintains that
the Maharaja used brute force to suppress the population.[149]
Pakistan claims that Indian forces were in Kashmir before the Instrument
of Accession was signed with India, and that therefore Indian troops
were in Kashmir in violation of the Standstill Agreement, which was
designed to maintain the status quo in Kashmir (although India was not
signatory to the Agreement, which was signed between Pakistan and the
Hindu ruler of Jammu and Kashmir).[150][151]
Map of Kashmir as drawn by the
From 1990 to 1999, some organisations reported that the Indian Armed
Forces, its paramilitary groups, and counter-insurgent militias were
Government of Pakistan
responsible for the deaths of 4,501 Kashmiri civilians. During the same
period, there were records of 4,242 women between the ages of 770
being raped.[152][153] Similar allegations were also made by some human rights organisations.[154]
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by Indian security forces while claiming they were caught up in encounters with militants. These
encounters are commonplace in Indian-administered Kashmir. The encounters go largely uninvestigated by
the authorities, and the perpetrators are spared criminal prosecution.[159][160]
Human rights organisations have strongly condemned Indian troops for widespread rape and murder of innocent
civilians while accusing these civilians of being militants.[161][162][163]
The Chenab formula was a compromise proposed in the 1960s, in which the Kashmir valley and other
Muslim-dominated areas north of the Chenab river would go to Pakistan, and Jammu and other Hindudominated regions would go to India.[164]
Former Pakistani president General Pervez Musharraf on 16 October 2014 said that Pakistan needs to incite
those fighting in Kashmir,[165][166] "We have source (in Kashmir) besides the (Pakistan) armyPeople in
Kashmir are fighting against (India). We just need to incite them," Musharraf told a TV channel.[165][166]
In 2015 Pakistans outgoing National Security Advisor Sartaj Aziz said that Pakistan wished to have third party
mediation on Kashmir, but it was unlikely to happen unless by international pressure.[167] Under Shimla Accord
it was decided that India and Pakistan would resolve their disputes bilaterally, Aziz said. Such bilateral talks
have not yielded any results for the last 40 years. So then what is the solution?[167]
A survey carried out across both Jammu and Kashmir and Pakistan-occupied Kashmir by London-based
thinktank Chatham House, its author claims 'is the first ever of its kind', shows that only 2% of the respondents
on the Indian side favour joining Pakistan.[168]
Chinese view
China states that Aksai Chin is an integral part of China and does not recognise the inclusion of Aksai Chin as
part of the Kashmir region.
China did not accept the boundaries of the princely state of Kashmir and Jammu, north of Aksai Chin and
the Karakoram as proposed by the British.[169]
China settled its border disputes with Pakistan under the 1963 Trans Karakoram Tract with the provision
that the settlement was subject to the final solution of the Kashmir dispute.[170]
Cross-border troubles
The border and the Line of Control separating Indian and Pakistani Kashmir passes through some exceptionally
difficult terrain. The world's highest battleground, the Siachen Glacier, is a part of this difficult-to-man boundary.
Even with 200,000 military personnel,[171] India maintains that it is infeasible to place enough men to guard all
sections of the border throughout the various seasons of the year. Pakistan has indirectly acquiesced its role in
failing to prevent "cross-border terrorism" when it agreed to curb such activities[172] after intense pressure from
the Bush administration in mid-2002.
The Government of Pakistan has repeatedly claimed that by constructing a fence along the line of control, India
is violating the Shimla Accord. India claims the construction of the fence has helped decrease armed infiltration
into Indian-administered Kashmir.
In 2002, Pakistani President and Army Chief General Pervez Musharraf promised to check infiltration into
Jammu and Kashmir.
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Water dispute
Another reason for the dispute over Kashmir is water. Kashmir is the source of many rivers and tributaries in the
Indus River basin. This basin is divided between Pakistan, which has about 60 percent of the catchment area,
India with about 20 percent, Afghanistan with 5 percent and around 15 percent in China (Tibet autonomous
region). The river tributaries are the Jhelum and Chenab rivers, which primarily flow into Pakistan, while other
branchesthe Ravi, Beas, and the Sutlejirrigate northern India.
The Indus is a river system that sustains communities in India and Pakistan. Both have extensively dammed the
Indus River for irrigation of their crops and hydro-electricity systems. In arbitrating the conflict in 1947, Sir Cyril
Radcliffe, decided to demarcate the territories as he was unable to give to one or the other the control over the
river as it was a main economic resource for both areas. The Line of Control (LoC) was recognised as an
international border establishing that India would have control over the upper riparian and Pakistan over the
lower riparian of the Indus and its tributaries. Despite appearing to be separate issues, the Kashmir dispute and
the dispute over the water control are in reality related and the fight over the water remains one of the main
problems in establishing good relations between the two countries.
In 1948, Eugene Black, then president of the World Bank, offered his services to solve the tension over water
control. In the early days of independence, the fact that India was able to shut off the Central Bari Doab Canals
at the time of the sowing season, causing significant damage to Pakistan's crops. Nevertheless, military and
political clashes over Kashmir in the early years of independence appear to have been more about ideology and
sovereignty rather than over the sharing of water resources. However, the minister of Pakistan has stated the
opposite.[173]
The Indus Waters Treaty was signed by both countries in September 1960, giving exclusive rights over the three
western rivers of the Indus river system (Jhelum, Chenab and Indus) to Pakistan, and over the three eastern
rivers (Sutlej, Ravi and Beas) to India, as long as this does not reduce or delay the supply to Pakistan. India
therefore maintains that they are not willing to break the established regulations and they see no more problems
with this issue.
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wanted to force India to enter negotiations.[174] The British Government have formally accepted that there is a
clear connection between Pakistan's Inter-Services Intelligence (ISI) and three major militant outfits operating in
Jammu and Kashmir, Lashkar-e-Tayiba, Jaish-e-Mohammed and Harkat-ul-Mujahideen.[177][178] The militants
are provided with "weapons, training, advice and planning assistance" in Punjab and Kashmir by the ISI which is
"coordinating the shipment of arms from the Pakistani side of Kashmir to the Indian side, where Muslim
insurgents are waging a protracted war".[179][180]
Throughout the 1990s, the ISI maintained its relationship with extremist networks and militants that it had
established during the Afghan war to utilise in its campaign against Indian forces in Kashmir.[181] Joint
Intelligence/North (JIN) has been accused of conducting operations in Jammu and Kashmir and also
Afghanistan.[182] The Joint Signal Intelligence Bureau (JSIB) provide communications support to groups in
Kashmir.[182] According to Daniel Benjamin and Steven Simon, both former members of the National Security
Council, the ISI acted as a "kind of terrorist conveyor belt" radicalising young men in the Madrassas of Pakistan
and delivering them to training camps affiliated with or run by Al-Qaeda and from there moving them into
Jammu and Kashmir to launch attacks.[183]
Reportedly, about Rs. 24 million are paid out per month by the ISI to fund its activities in Jammu and
Kashmir.[184] Pro-Pakistani groups were reportedly favoured over other militant groups.[184] Creation of six
militant groups in Kashmir, which included Lashkar-e-Taiba (LeT), was aided by the ISI.[185][186] According to
American Intelligence officials, ISI is still providing protection and help to LeT.[186] The Pakistan Army and ISI
also LeT volunteers to surreptitiously penetrate from Pakistan Administrated Kashmir to Jammu and
Kashmir.[187]
In the past, Indian authorities have alleged several times that Pakistan has been involved in training and arming
underground militant groups to fight Indian forces in Kashmir.[188]
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documentary film by an Independent Kashmiri film-maker, the Ocean of Tears produced by a non-governmental
non-profit organisation called the Public Service Broadcasting Trust of India and approved by the Ministry of
Information and Broadcasting (India). The film also depicts mass rape incidents in Kunan Poshpora and Shopian
as facts and alleging that Indian Security Forces were responsible.[214][215] A report from the Indian Central
Bureau of Investigation (CBI) claimed that the seven people killed in 2000 by the Indian military, were innocent
civilians.[216][217][218] The Indian Army has decided to try the accused in the General Court Martial.[219] It was
also reported that the killings that were allegedly committed in "cold-blood" by the Army, were actually in
retaliation for the murder of 36 civilians [Sikhs] by militants at Chattisingpora in 2000.[219] The official stance of
the Indian Army was that, according to its own investigation, 97% of the reports about human rights abuses have
been found to be "fake or motivated".[220] However, there have been at least one case where civilians have been
killed in 'fake encounters' by Indian army personnel for cash rewards.[221]
Our people were killed. I saw a girl tortured with cigarette butts. Another man had his eyes pulled
out and his body hung on a tree. The armed separatists used a chainsaw to cut our bodies into
pieces. It wasn't just the killing but the way they tortured and killed.
A crying old Kashmiri Hindu in refugee camps of Jammu told BBC news reporter[222]
The violence was condemned and labelled as ethnic cleansing in a 2006 resolution passed by the United States
Congress.[223] It stated that the Islamic terrorists infiltrated the region in 1989 and began an ethnic cleansing
campaign to convert Kashmir into a Muslim state. According to the same resolution, since then nearly 400,000
Pandits were either murdered or forced to leave their ancestral homes.[224]
According to a Hindu American Foundation report, the rights and religious freedom of Kashmiri Hindus have
been severely curtailed since 1989, when there was an organised and systematic campaign by Islamist militants
to cleanse Hindus from Kashmir. Less than 4,000 Kashmiri Hindus remain in the valley, reportedly living with
daily threats of violence and terrorism.[225]
According to an op-ed published in a BBC journal, the emphasis of the movement after 1989, soon shifted from
nationalism to Islam. It also claimed that the minority community of Kashmiri Pandits, who have lived in
Kashmir for centuries, were forced to leave their homeland.[222]
The displaced Pandits, many of who continue to live in temporary refugee camps in Jammu and Delhi, are still
unable to safely return to their homeland.[225] The lead in this act of ethnic cleansing was initially taken by the
Jammu & Kashmir Liberation Front and the Hizbul Mujahideen. According to Indian media, all this happened at
the instigation of Pakistan's Inter-Services Intelligence (ISI) by a group of Kashmiri terrorist elements who were
trained, armed and motivated by the ISI. Reportedly, organisations trained and armed by the ISI continued this
ethnic cleansing until practically all the Kashmiri Pandits were driven out after having been subjected to
numerous indignities and brutalities such as rape of their women, torture, forcible seizure of property etc.[226]
The separatists in Kashmir deny these allegations. The Indian government is also trying to reinstate the displaced
Pandits in Kashmir. Tahir, the district commander of a separatist Islamic group in Kashmir, stated: "We want the
Kashmiri Pandits to come back. They are our brothers. We will try to protect them." But the majority of the
Pandits, who have been living in pitiable conditions in Jammu, believe that, until insurgency ceases to exist,
return is not possible.[222]
Mustafa Kamal, brother of Union Minister Farooq Abdullah, blamed security forces, former Jammu and Kashmir
governor Jagmohan and PDP leader Mufti Sayeed for forcing the migration of Kashmiri Pandits from the
Valley.[227] Jagmohan denies these allegations.[222]
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Reports by the Indian government state 219 Kashmiri pandits were killed and around 140,000 migrated due to
millitancy while over 3000 remained in the valley.[228][229] The local organisation of pandits in Kashmir, Kashmir
Pandit Sangharsh Samiti claimed that 399 Kashmiri Pandits were killed by insurgents.[230][231] Al Jazeera states
that 650 Pandits were murdered by militants.[232]
The CIA has reported that at least 506,000 people from Indian Administered Kashmir are internally displaced,
about half of who are Hindu Pandits.[233][234] The United Nations Commission on Human Rights (UNCR) reports
that there are roughly 1.5 million refugees from Indian-administered Kashmir, the bulk of who arrived in
Pakistan-administered Kashmir and in Pakistan after the situation on the Indian side worsened in 1989
insurgency.[235]
Mdecins Sans Frontires conducted a research survey in 2005 that found 11.6% of the interviewees who took
part had been victims of sexual abuse since 1989.[236][237] Some surveys have found that in the Kashmir region
itself (where the bulk of separatist and Indian military activity is concentrated), popular perception holds that the
Indian Armed Forces are more to blame for human rights violations than the separatist groups. Amnesty
International has called on India to "unequivocally condemn enforced disappearances" and to ensure that
impartial investigations are conducted into mass graves in its Kashmir region. The Indian state police confirms as
many as 331 deaths while in custody and 111 enforced disappearances since 1989.[238][239][240][241] Amnesty
International criticised the Indian Military regarding an incident on 22 April 1996, when several armed forces
personnel forcibly entered the house of a 32-year-old woman in the village of Wawoosa in the Rangreth district
of Jammu and Kashmir. They reportedly molested her 12-year-old daughter and raped her other three daughters,
aged 14, 16, and 18. When another woman attempted to prevent the soldiers from attacking her two daughters,
she was beaten. Soldiers reportedly told her 17-year-old daughter to remove her clothes so that they could check
whether she was hiding a gun. They molested her before leaving the house.[241]
Several international agencies and the UN have reported human rights violations in Indian-administered Kashmir.
In a recent press release the OHCHR spokesmen stated "The Office of the High Commissioner for Human Rights
is concerned about the recent violent protests in Indian-administered Kashmir that have reportedly led to civilian
casualties as well as restrictions to the right to freedom of assembly and expression."[96] A 1996 Human Rights
Watch report accuses the Indian military and Indian-government backed paramilitaries of "committ[ing] serious
and widespread human rights violations in Kashmir."[242] One such alleged massacre occurred on 6 January 1993
in the town of Sopore. TIME Magazine described the incident as such: "In retaliation for the killing of one
soldier, paramilitary forces rampaged through Sopore's market, setting buildings ablaze and shooting bystanders.
The Indian government pronounced the event 'unfortunate' and claimed that an ammunition dump had been hit
by gunfire, setting off fires that killed most of the victims."[243] There have been claims of disappearances by the
police or the army in Kashmir by several human rights organisations.[244][245] Jammu and Kashmir Public Safety
Act, 1978:[246][247] Human rights organisations have asked Indian government to repeal[248] the Public Safety
Act, since "a detainee may be held in administrative detention for a maximum of two years without a court
order."[239]
Many human rights organisations such as Amnesty International and Human Rights Watch (HRW) have
condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances",
and torture.[240] The "Armed Forces Special Powers Act" grants the military, wide powers of arrest, the right to
shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that
troops need such powers because the army is only deployed when national security is at serious risk from armed
combatants. Such circumstances, they say, call for extraordinary measures. Human rights organisations have also
asked the Indian government to repeal[248] the Public Safety Act, since "a detainee may be held in administrative
detention for a maximum of two years without a court order."[239] A 2008 report by the United Nations High
Commissioner for Refugees determined that Indian Administered Kashmir was only 'partly free'.[238] A recent
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Claims of religious discrimination and restrictions on religious freedom in Azad Kashmir have been made against
Pakistan.[250] The country is also accused of systemic suppression of free speech and demonstrations against the
government.[250] UNHCR reported that a number of Islamist militant groups, including al-Qaeda, operate from
bases in Pakistani-administered Kashmir with the tacit permission of ISI[235][250] There have also been several
allegations of human rights abuse.[235]
In 2006, Human Rights Watch accused ISI and the military of systemic torture with the purpose of "punishing"
errant politicians, political activists and journalists in Azad Kashmir.[251] A report titled "Kashmir: Present
Situation and Future Prospects", submitted to the European Parliament by Emma Nicholson, was critical of the
lack of human rights, justice, democracy, and Kashmiri representation in the Pakistan National Assembly.[252]
According to the Human Rights Commission of Pakistan, Pakistan's ISI operates in Pakistan-administered
Kashmir and is accused of involvement in extensive surveillance, arbitrary arrests, torture, and murder.[250] The
2008 report by the United Nations High Commissioner for Refugees determined that Pakistan-administered
Kashmir was 'not free'.[250] According to Shaukat Ali, chairman of the International Kashmir Alliance, "On one
hand Pakistan claims to be the champion of the right of self-determination of the Kashmiri people, but she has
denied the same rights under its controlled parts of Kashmir and Gilgit-Baltistan".[253]
After the 2011 elections, Azad Kashmir Prime Minister Sardar Attique Ahmad Khan stated that there were
mistakes in the voters list which have raised questions about the credibility of the elections.[254]
In December 1993, the blasphemy laws of Pakistan were extended to Pakistan Administered Kashmir. The area
is ruled directly through a chief executive Lt. Gen. Mohammed Shafiq, appointed by Islamabad with a
26-member Northern Areas Council.[255]
UNCR reports that the status of women in Pakistani-administered Kashmir is similar to that of women in
Pakistan. They are not granted equal rights under the law, and their educational opportunities and choice of
marriage partner remain "circumscribed". Domestic violence, forced marriage, and other forms of abuse
continue to be issues of concern. In May 2007, the United Nations and other aid agencies temporarily suspended
their work after suspected Islamists mounted an arson attack on the home of two aid workers after the
organisations had received warnings against hiring women. However, honour killings and rape occur less
frequently than in other areas of Pakistan.[235]
Gilgit-Baltistan
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The main demand of the people of Gilgit-Baltistan is constitutional status for the region as a fifth province of
Pakistan.[256][257] However, Pakistan claims that Gilgit-Baltistan cannot be given constitutional status due to
Pakistan's commitment to the 1948 UN resolution.[257][258] In 2007, the International Crisis Group stated that
"Almost six decades after Pakistan's independence, the constitutional status of the Federally Administered
Northern Areas (Gilgit and Baltistan), once part of the former princely state of Jammu and Kashmir and now
under Pakistani control, remains undetermined, with political autonomy a distant dream. The region's inhabitants
are embittered by Islamabad's unwillingness to devolve powers in real terms to its elected representatives, and a
nationalist movement, which seeks independence, is gaining ground. The rise of sectarian extremism is an
alarming consequence of this denial of basic political rights".[259] A two-day conference on Gilgit-Baltistan was
held on 89 April 2008 at the European Parliament in Brussels under the auspices of the International Kashmir
Alliance.[260] Several members of the European Parliament expressed concern over human rights violations in
Gilgit-Baltistan and urged the government of Pakistan to establish democratic institutions and the rule of law in
the area.[260][261]
In 2009, the Pakistani government implemented an autonomy package for Gilgit-Baltistan, which entails rights
similar to those of Pakistans other provinces.[256] Gilgit-Baltistan thus gains province-like status without actually
being conferred such status constitutionally.[256][258] Direct rule by Islamabad has been replaced by an elected
legislative assembly under a chief minister.[256][258]
There has been criticism and opposition to this move in Pakistan, India, and Pakistan administrated Kashmir.[262]
The move has been dubbed a cover-up to hide the real mechanics of power, which allegedly are under the direct
control of the Pakistani federal government.[263] The package was opposed by Pakistani Kashmiri politicians
who claimed that the integration of Gilgit-Baltistan into Pakistan would undermine their case for the
independence of Kashmir from India.[264] 300 activists from Kashmiri groups protested during the first GilgitBaltistan legislative assembly elections, with some carrying banners reading "Pakistan's expansionist designs in
Gilgit-Baltistan are unacceptable"[257]
In December 2009, activists from nationalist Kashmiri groups staged a protest in Muzaffarabad to condemn the
alleged rigging of elections and the killing of an 18-year-old student.[265]
Map issues
As with other disputed territories, each government issues maps depicting their claims in Kashmir territory,
regardless of actual control. Due to India's Criminal Law Amendment Act, 1961, it is illegal in India to exclude
all or part of Kashmir from a map (or to publish any map that differs from those of the Survey of India).[266] It is
illegal in Pakistan not to include the state of Jammu and Kashmir as disputed territory, as permitted by the United
Nations. Non-participants often use the Line of Control and the Line of Actual Control as the depicted
boundaries, as is done in the CIA World Factbook, while the region is often marked out in hashmarks. When
Microsoft released a map in Windows 95 and MapPoint 2002, a controversy arose because it did not show all of
Kashmir as part of India as per the Indian claim. All neutral and Pakistani companies claim to follow the UN's
map and over 90% of all maps containing the territory of Kashmir show it as disputed territory.[267]
In 2010, Jammu and Kashmir was removed from the United Nations list of unresolved disputes, in a setback to
Pakistan which has been asking the world body to intervene on the issue.[268][269]
Recent developments
India continues to assert its sovereignty or rights over the entire region of Kashmir, while Pakistan maintains that
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In a 2001 report entitled "Pakistan's Role in the Kashmir Insurgency" from the American RAND Corporation,
the think tank noted that "the nature of the Kashmir conflict has been transformed from what was originally a
secular, locally based struggle (conducted via the Jammu Kashmir Liberation Front JKLF) to one that is now
largely carried out by foreign militants and rationalized in pan-Islamic religious terms." The majority of militant
organisations are composed of foreign mercenaries, mostly from the Pakistani Punjab.[277] In 2010, with the
support of its intelligence agencies, Pakistan again 'boosted' Kashmir militants, and recruitment of mujahideen in
the Pakistani state of Punjab has increased.[278][279] In 2011, the FBI revealed that Pakistan's spy agency ISI paid
millions of dollars into a United States-based non-governmental organisation to influence politicians and opinionmakers on the Kashmir issue and arrested Syed Ghulam Nabi Fai.[280]
The Freedom in the World 2006 report categorised Indian-administered Kashmir as "partly free", and Pakistanadministered Kashmir, as well as the country of Pakistan, as "not free".[281] India claims that contrary to popular
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belief, a large proportion of the Jammu and Kashmir populace wishes to remain with India. A MORI survey
found that within Indian-administered Kashmir, 61% of respondents said they felt they would be better off as
Indian citizens, with 33% saying that they did not know, and the remaining 6% favouring Pakistani citizenship.
However, this support for India was mainly in the Ladakh and Jammu regions, not the Kashmir Valley, where
only 9% of the respondents said that they would be better off with India.[282] According to a 2007 poll
conducted by the Centre for the Study of Developing Societies in New Delhi, 87% of respondents in the Kashmir
Valley prefer independence over union with India or Pakistan.[283] However, a survey by Chatham House in both
Indian and Pakistani administered Kashmir found that support for independence stood at 43% and 44%
respectively.[284]
The 2005 Kashmir earthquake, which killed over 80,000 people, led to India and Pakistan finalising negotiations
for the opening of a road for disaster relief through Kashmir.
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71.28%
Tuesday 2 December
18
71%
Tuesday 9 December
16
58.89%
Sunday 14 December
18
49%
Saturday 20 December 20
76%
Total
65.23%
87
Source:[315][316][317][318][319]
October 2014
In October 2014, Indian and Pakistani troops traded gunfire over their border in the divided Himalayan region of
Kashmir, killing at least four civilians and worsening tensions between the longtime rivals, officials on both sides
have said. The small-arms and mortar exchanges which Indian officials called the worst violation of a 2003
ceasefire left 18 civilians wounded in India and another three in Pakistan. Tens of thousands of people fled
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their homes on both sides after the violence erupted on 5 October. Official reports state that nine civilians in
Pakistan and seven in India were killed in three nights of fighting.[323]
July 2016
On July 10, 2016, violence erupted in Kashmir during a funeral for a rebel leader. So far, 21 people have been
killed. Indian troops fired om protesters. After this, clashes erupted in Pulwam, with many people dying, and a
police station got attacked by opposition forces.[324] [325]
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On January 24, 1957 the UN Security Council reaffirmed the 1948 resolution.The Security Council,
reaffirming its previous resolution to the effect, "that the final disposition of the state of Jammu and
Kashmir will be made in accordance with the will of the people expressed through the democratic method
of a free and impartial plebiscite conducted under the auspices of United Nations," further declared that
any action taken by the Constituent Assembly formed in Kashmir " would not constitute disposition of the
state in accordance with the above principles."[350]
In March 2001, the then Secretary-General of the United Nations, Kofi Annan during his visit to India and
Pakistan,remarked that Kashmir resolutions are only advisory recommendations and comparing with those
on East Timor and Iraq was like comparing apples and oranges, since those resolutions were passed under
chapter VII, which make it enforceable by UNSC.[351][352][353][354][355][356] In 2003,then Pakistan President
Pervez Musharraf announced that Pakistan was willing to back off from demand for UN resolutions for
Kashmir.[357][358][359]
Moreover, India alleges that Pakistan failed to fulfill the pre-conditions by withdrawing its troops from the
Kashmir region as was required under the same U.N. resolution of 13 August 1948 which discussed the
plebiscite.[360][361][362]
Jammu and Kashmir is out of UN dispute list: In Nov 2010 the United Nations has removed Jammu and
Kashmir from its list of disputed territories.[363][364][365][366]
It was major setback to Pakistans efforts to internationalise the Kashmir issue, the United Nations has
excluded Jammu & Kashmir (J&K) from its list of unresolved international disputes under the observation
of the UN Security Council (UNSC). Pakistan's acting envoy in the UN, Amjad Hussain Sial, has lodged a
strong protest, while Indian authorities welcomed the decision.[363][364][366]
In 2010, United States Ambassador to India, Timothy J. Roemer said that Kashmir is an 'internal' issue of
India and not to be discussed on international level rather it should be solved by bilateral talks between
India and Pakistan.[367][368][369][370] He said, "The (US) President ( Barack Obama), I think was very
articulate on this issue of Kashmir. This is an internal issue for India."[367][368]
Separatist Hurriyat leader Syed Ali Shah Geelani said that, "First of all when they say Kashmir is an
internal issue, it is against the reality. The issue of Jammu and Kashmir is an international issue and it
should be solved. As long as promises made to us are not fulfilled, this issue will remain unsolved."[371][372]
The UN later affirmed that the Jammu and Kashmir dispute remains on the United Nation Security
Councils agenda and denied claims that the UN had removed Kashmir from the list of unresolved
issues.[373]
Instrument of Accession
The Instrument of Accession of the State of Jammu and Kashmir to the Union of India was signed by
Maharaja Hari Singh, erstwhile ruler, on 25 October 1947 and executed on 27 October 1947 between the
ruler of Kashmir and the Governor-General of India. This was a legal act and completely valid in terms of
the Government of India Act 1935, Indian Independence Act 1947 and under international law. Hence the
accession of the Jammu and Kashmir state was total and irrevocable.[374]
The Constituent Assembly of Jammu and Kashmir had unanimously ratified the Instrument of Accession
to India duly adopting a constitution for the state endorsing perpetual merger of Jammu and Kashmir with
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the Union of India. The Constituent assembly lawfully represented wish of Kashmiri people at that
time.[374]
Moreover, Instrument of Accession is accepted by each elected legislative assembly of Jammu and
Kashmir. Despite boycott calls by separatist leaders, recent 2014 assembly elections recorded more than
65% voting percentage in Kashmir which is more than usual voting percentage in other states of India.[23]
Indian authorities claim that more than 65% voters of Kashmir have voted in favour of "Instrument of
Accession" and Indian Democracy in 2014 elections.[375]
Article 370
Article 370 of the Indian constitution is a provision that grants special autonomous status to Jammu and
Kashmir. The article is drafted in Part XXI of the Constitution, which relates to Temporary, Transitional
and Special Provisions.[376]
Article 370 is the only link that connects Jammu and Kashmir to India.[377]
To implement a plebiscite in Jammu and Kashmir one has to amend or abolish the article 370, which is
very complex procedure. The leaders of Kashmir oppose any such measure.[378][379] Chief Minister of
Jammu and Kashmir Mufti Muhammad Sayeed said, "Even Indian Parliament does not have power to
scrap Article 370, which grants special status to Jammu and Kashmir under Indian constitution."[380]
The High Court of Jammu and Kashmir has ruled that the Article 370 cannot be "abrogated, repealed or
even amended." It explained that the clause (3) of the Article conferred power to the State's Constituent
Assembly to recommend to the President on the matter of the repeal of the Article. Since the Constituent
Assembly did not make such a recommendation before its dissolution in 1957, the Article 370 has taken on
the features of a "permanent provision" despite being titled a temporary provision in the Constitution.
[381][382]
Article 370 has emerged as the biggest obstacle in front of plebiscite because of its complex procedure of
amendment and opposition from the leaders of Jammu and Kashmir.[377][383]
"Nehru's Promise"
After accession of Kashmir to India in October 1947 then Prime Minister of India Jawaharlal Nehru made
some statements in media and in various telegrams regarding plebiscite in Kashmir.
In telegram No.413 dated 28 October 1947 addressed to Prime Minister of Pakistan, Nehru wrote,[384]
"That Government of India and Pakistan should make a joint request to U.N.O. to undertake a plebiscite in
Kashmir at the earliest possible date."
Nehru's statement in the Indian Parliament, 26 June 1952,[384]
"I want to stress that it is only the people of Kashmir who can decide the future of Kashmir. It is not that we
have merely said that to the United Nations and to the people of Kashmir; it is our conviction and one that is
borne out by the policy that we have pursued, not only in Kashmir but every where.
"I started with the presumption that it is for the people of Kashmir to decide their own future. We will not
compel them. In that sense, the people of Kashmir are sovereign."
In his statement in the Lok Sabha on 31 March 1955 as published in Hindustan Times New Delhi on Ist April,
1955, Pandit Nehru said, "Kashmir is perhaps the most difficult of all these problems between India and
Pakistan. We should also remember that Kashmir is not a thing to be bandied between India and Pakistan but it
has a soul of its own and an individuality of its own. Nothing can be done without the goodwill and consent of
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the people of Kashmir."[385] There was also a White Paper on Kashmir published by Indian government
regarding plebiscite in Jammu and Kashmir in 1948.
There are many such instances where Nehru made such remarks regarding plebiscite in Jammu and
Kashmir.[385] Pakistan and separatist Hurriyat leaders repeatedly demand that Indian Government should
fulfill "Nehru's Promise".[384][386][387]
Position of the Indian authorities on "Nehru's Promise": the Indian government takes the position that
Nehru himself backed off from his promise in the late 1950s. Although he was Prime Minister for 17 years,
he made no serious attempt for a plebiscite. His promises have been taken as a 'good political move'.[388]
The reason for not holding plebiscite was given by India's Defense Minister, Kirshnan Menon, who said:
"Kashmir would vote to join Pakistan and no Indian Government responsible for agreeing to plebiscite
would survive.''[157]
Indian authorities say that Nehru's telegrams and speeches have no legal importance, nor it is compulsory
to apply them as they were never passed by the Parliament of India. The white paper on Kashmir also does
not have any legal importance as it was published in 1948 while the Constitution of India came into force
into 1950 and defined Kashmir as an integral part of India as well as protecting the 'unity and integrity' of
India. Constitution of India doesn't has any provision for plebiscite and 1948 white paper was against
Constitution of India so it was automatically got abolished.
Indian authorities also says that, Nehru is not current Prime Minister of India, because policies are made
on the basis of views of current Prime Minister and his cabinet which must get nod by both houses of
Parliament of India.[389]
Any Prime Minister of India can't make decision of plebiscite unilaterally, bill of plebiscite must be passed
in both houses of Parliament of India with massive 2/3rd majority then it requires assent by President of
India, and if that decision is against Basic structure of Indian Constitution then Supreme Court of India can
outlaw or abolish that decision.[389][390] Preamble and article 3 of part 2 of Constitution of Jammu and
Kashmir says 'Jammu and Kashmir is and shall be an integral part of the Union of India'. This constitution
has been adopted by elected Jammu and Kashmir Legislative Assembly in 1956 when Nehru was Prime
Minister of India.[391]
Daughter of Nehru, Indira Gandhi and his grandson Rajiv Gandhi were Prime Ministers of India but they
themself never did any attempt to implement their forefather's 'Promise'. Instead Indira Gandhi done 1974
IndiraSheikh accord with Shaikh Abdullah which vanished all possibilities of plebiscite.[392]
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Outlook Survey
In 1995 the first ever opinion poll was conducted in the Kashmir Valley by MODE which had been
commissioned by Outlook.[397]
72% of respondents favoured independence, 19% favoured Pakistan and only 7% favoured a solution
within Indian sovereignty.[397]
80% of respondents said that a free and fair election would definitely not help solve the Kashmir problem
while only 4% said that a free and fair election could help resolve the Kashmir conflict.[397]
Private Survey
London based leading think tank Royal Institute of International Affairs also known as Chatham House,
conducted a survey both in Pakistan administered Kashmir and Indian administered Kashimir and released
it in its report Kashmir:Paths to Peace in May 2010.[398][399][400][401]
It found that 50% of people in Pakistan's side of Kashmir favoured the accession of the entire state to
Pakistan, 44% of people favoured independence, 1% wanted the accession of the entire state to accede to
India while 1% favoured the status quo.[402]
In the Indian side of Kashmir, 28% of people expressed a desire for the entire state to accede to India,
19% favoured the status quo, 43% wanted independence while 2% said they wanted the entire state to join
Pakistan.[403]
The survey showed that only 2% of the respondents on the Indian side favoured joining Pakistan and most
such views were confined to Srinagar and Budgam districts. In six of the districts surveyed late last year by
researchers, not a single person favoured annexation with Pakistan, a notion that remains the bedrock for
the hardline separatist campaign in Kashmir.[398][401][404]
The survey also showed that only 1% of the respondents on the Pakistani side favoured joining India. In
four of the seven surveyed districts of Pakistani Kashmir, the option of merging with India found no
support while this option had a support rate of only 1-3% in the remaining three districts.[402]
However views are highly poralised in each region. The main area of unrest has always been the
predominantly Muslim majority Kashmir Valley, where the support level for Independence varies between
74% to 95% as found by the survey while support for accession with India varies between 2% to 22%.[405]
However, Hindu majority Jammu and Buddhist majority Ladakh express high levels of satisfaction with
Indian rule.
This 2010 survey too demonstrated that trend, with more than half the respondents on Indian side saying
the elections had improved chances for peace(later in 2014, Jammu and Kashmir elections recorded
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See also
History of Jammu and Kashmir
United Nations Military Observer Group in India and Pakistan
Indian White Paper on Jammu and Kashmir
All Parties Hurriyat Conference
Insurgency in Jammu and Kashmir
Pakistan and state sponsored terrorism
IndiaPakistan relations
Indo-Pakistani Wars
Notes
1. Kashmiri leader Sheikh Abdullah noted in the UN Security Council in 1948: ""the (plebiscite) offer (was) made by
the Prime Minister of India when, I think, he had not the slightest need for making it, for Kashmir was in distress...
The Government of India could have easily accepted the accession and said, "All right, we accept your accession
and we shall render this help." There was no necessity for the Prime Minister of India to add the proviso while
accepting the accession that "India does not want to take advantage of the difficult situation in Kashmir."(Varshney
1992, p. 195)
2. Panigrahi (2009, p. 54) "According to Mir Qasim, Nehru was unwilling to send Indian army. He was insistent that the
Government could not send its forces at the request of the Maharaja "although he wanted to accede to India," unless
the accession was endorsed by the people of Kashmir... Sheikh Abduallah who was listening to the debate from an
anteroom scribbled a note for Nehru requesting him to send the army to save Kashmir from the invaders.
3. Snedden (2013, pp. 4647): "[O]n 28 October [1947], The Times, while referring to the anti-Indian `raiding forces',
was still able to identify four elements among the 3,000 or so `Muslim rebels and tribesmen' in J&K: 1) `Muslim
League agents and agitators from Pakistan'; 2) `villagers who have raised the Pakistan flag and attacked Kashmir
officials'; 3) `Pathan [Pakhtoon] tribesmen'; 4) `Muslim deserters from Kashmir State forces who have taken their
arms with them'."
4. Snedden (2013, p. 68): Nehru informed [the Chief Ministers] that `the actual tribesmen among the raiders are
probably limited in numbers, the rest are ex-servicemen [of Poonch]'.
5. Sayyid Mr Qsim. My Life and Times. Allied Publishers Limited. Retrieved 1 July 2010. "On the battlefield, the
National Conference volunteers were working shoulder-to-shoulder with the Indian army to drive out the invaders.
On 31 December 1947, India filed a complaint with the United Nations against the Pakistani aggression and its help
to the invading tribesmen. Sheikh Abdullah was not in favor of India seeking the UN intervention because he was
sure the Indian army could free the entire State of the invaders. The UNO did not resolve the Kashmir issue. It
called for withdrawal of troops on 21 April 1948. The Indian army had driven the Pakistanis up to Uri in Kashmir
and Poonch in Jammu when ceasefire was ordered in December 1948. Mr. Jinnah, the promoter of this invasion, had
died in September of that year. Both India and Pakistan accepted the ceasefire."
6. Korbel (1953, p. 502): "Though India accepted the resolution, Pakistan attached to its acceptance so many
reservations, qualifications and assumptions as to make its answer `tantamount to rejection'.
7. Korbel (1953, pp. 506507): "When a further Security Council resolution urged the governments of India and
Pakistan to agree within thirty days on the demilitarization of Kashmir, on the basis of Dr. Graham's
recommendation, Pakistan once more accepted and India once more refused....Dr. Graham met the Indian request for
retaining in Kashmir 21,000 men, but continued to propose 6,000 soldiers on the Azad side. Pakistan could not
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accept the first provision and India continued to insist on its stand concerning the Azad forces. The meeting, which
ended in failure, was accompanied by bitter comments in the newspapers of both India and Pakistan about United
Nations intervention in the Kashmir dispute."
8.
Korbel (1953, p. 507): "With the hindsight of six years, the Council's approach, though impartial and fair,
appears to have been inadequate in that it did not reflect the gravity of the Kashmir situation.... The Security
Council did not deal with either of these arguments [India's assumption of the legal validity of the accession
and Pakistan's refusal to recognize its validity]. Nor did it consider the possibility of asking the International
Court of Justice for an advisory opinion on the juridical aspect of the conflict under Article 96 of the Charter.
Nor did it invoke any provisions of Chapter VII of the Charter, which deals with `acts of aggression'."
Subbiah (2004, p. 180): "From the beginning, the Security Council framed the problem as primarily a political
dispute rather than looking to a major legal underpinning of the dispute: the Instrument of Accession's validity
or lack thereof."
9.
Ankit (2013, p. 276): To Cadogan [Britain's permanent representative at the UN], irrespective of whether
forces in question are organised or disorganised or whether they are controlled by, or enjoy the convenience
of, Government of Pakistan, India was entitled to take measures for self-defence: repelling invaders,
pursuing invaders into Pakistan under Article 51 of the UN Charter and charging Pakistan as aggressor under
Article 35.
Ankit (2013, p. 279): Mountbatten, too, pleaded directly with Attlee along political as well as personal lines:
"I am convinced that this attitude of the United States and the United Kingdom is completely wrong and will
have far reaching results. Any prestige I may previously have had with my Government has of course been
largely lost by my having insisted that they should make a reference to the United Nations with the assurance
that they would get a square deal there."
10. Varshney 1992, p. 216: Independent observers could get no evidence of it. The New York Tiems found that "most of
the prisoners captured thus far do not speak the Kashmiri dialect. They speak... Punjabi and other dialects."... The
Washington Post remarked: "The Moslem Pakistanis, led by President Ayub, had expected the infiltrators to be able
to produce a general uprising and this is Ayub's first disappointment."... Once again, it seemed clear that whatever
the state of their relationship with India, Kashmiris did not wish to embrace Pakistan.
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Further reading
Pre-independence history
Drew, Federic. 1877. The Northern Barrier of India: a popular account of the Jammoo and Kashmir
Territories with Illustrations.&;#8221; 1st edition: Edward Stanford, London. Reprint: Light & Life
Publishers, Jammu. 1971.
Partition and Post-independence
Dr. Ijaz Hussain, 1998, Kashmir Dispute: An International Law Perspective, National Institute of Pakistan
Studies
Alastair Lamb, Kashmir: A Disputed Legacy 18461990 (Hertingfordbury, Herts: Roxford Books, 1991)
Kashmir Study Group, 19471997, the Kashmir dispute at fifty : charting paths to peace (New York, 1997)
Jaspreet Singh, Seventeen Tomatoes an unprecedented look inside the world of an army camp in
Kashmir (Vehicle Press; Montreal, Canada, 2004)
Navnita Behera, Demystifying Kashmir (Washington, D.C.: Brooking Institute Press, 2006).
Navnita Behera, State, identity and violence : Jammu, Kashmir and Ladakh (New Delhi: Manohar, 2000)
Sumit Ganguly, The Crisis in Kashmir (Washington, D.C.: Woodrow Wilson Center Press; Cambridge :
Cambridge U.P., 1997)
Sumantra Bose, The challenge in Kashmir : democracy, self-determination and a just peace (New Delhi:
Sage, 1997)
Robert Johnson, A Region in Turmoil (London and New York, Reaktion, 2005)
Hans Kchler, The Kashmir Problem between Law and Realpolitik. Reflections on a Negotiated
Settlement (http://i-p-o.org/Koechler-Kashmir_Discourse-European_Parliament-April2008.htm). Keynote
speech delivered at the "Global Discourse on Kashmir 2008." European Parliament, Brussels, 1 April
2008.
Prem Shankar Jha, Kashmir, 1947: rival versions of history (New Delhi : Oxford University Press, 1996)
Manoj Joshi, The Lost Rebellion (New Delhi: Penguin India, 1999)
Alexander Evans, "Why Peace Won't Come to Kashmir", Current History (Vol 100, No 645) April 2001
p170-175.
Surinder Mohan, "Transforming the Line of Control: Bringing the 'Homeland' Back In", Asian Politics &
Policy (Vol 5, No 1) January 2013 p51-75.
Younghusband, Francis and Molyneux, E. 1917. Kashmir. A. & C. Black, London.
Victoria Schofield, Kashmir in the Crossfire, I.B. Tauris, London.
Andrew Whitehead, A Mission in Kashmir, Penguin India, 2007
Muhammad Ayub, An Army; Its Role & Rule (A History of the Pakistan Army from Independence to
Kargil 19471999). Rosedog Books, Pittsburgh, Pennsylvania USA. 2005. ISBN 0-8059-9594-3
Chandrashekhar Dasgupta (19 March 2002). War and Diplomacy in Kashmir, 1947-48. SAGE
Publications. ISBN 978-0-7619-9588-3.
Web sources
Kashmir Conflict, Homepage (http://www.washingtonpost.com/wp-srv/world/kashmir/front.html)
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Washington Post.
The UN Security Council Resolution on Kashmir (http://www.samarthsingh.com/pakistan-kashmir-the-unsecurity-council) Capt Samarth Singh.
External links
Christine Fair Explains the Pakistan Army's Way of War (video), School of Public Policy at Central
European University, 7 April 2015
The Future of Kashmir (http://acdis.illinois.edu/publications/207/publication-The-Future-of-Kashmir.html),
Matthew A. Rosenstein et al., ACDIS Swords and Ploughshares 16:1 (winter 2007-8), Program in Arms
Control, Disarmament, and International Security (ACDIS) at the University of Illinois at UrbanaChampaign.
Centre for Contemporary Conflict on Kargil War (http://web.archive.org/web/20051123141630/http:
//www.ccc.nps.navy.mil:80/research/kargil/index.asp)
BBC articles on Kashmir (http://news.bbc.co.uk/hi/english/in_depth/south_asia/2002/kashmir_flashpoint/)
Recent Kashmir developments (http://www.globalsecurity.org/military/world/war/kashmir.htm)
The Political Economy of the Kashmir Conflict (http://www.usip.org/publications/the-political-economythe-kashmir-conflict-opportunities-economic-peacebuilding-and-us) US Institute of Peace Report, June
2004
The Kashmir dispute-cause or symptom? (http://www.sasnet.lu.se/ishtiaqkashmir.html)
LoC-Line of Control situation in Kashmir (http://www.defencejournal.com/sept99/loc.htm)
An outline of the history of Kashmir (http://www.koausa.org/Crown/history.html)
News Coverage of Kashmir (http://web.archive.org/web/20051201120007/http://social.chass.ncsu.edu:80
/jouvert/v613/sri.htm)
Accession Document (http://www.jammu-kashmir.com/documents/instrument_of_accession.html)
Conflict in Kashmir: Selected Internet Resources by the Library, University of California, Berkeley,
USA; (http://www.lib.berkeley.edu/SSEAL/SouthAsia/kashmir.html) University of California at Berkeley
Library Bibliographies and Web-Bibliographies list
Timeline since April 2003 (https://web.archive.org/20090726133428/http://www.iiss.org/EasysiteWeb
/getresource.axd?AssetID=809&type=full&servicetype=Attachment)
Kashmir resolution of the European Parliament, 24 May 2007 (http://www.europarl.europa.eu/sides
/getDoc.do?type=TA&reference=P6-TA-2007-0214&language=EN)
"Election in Kashmir Begins Amid Boycott Calls" (http://www.51voa.com/voa_standard_english
/VOA_Standard_English_26465.html)
Disputed territories of India (http://cdn.static-economist.com/sites/default/files/imagecache/fullwidth/images/2014/04/blogs/banyan/himalayan_201034fbc949.gif)
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